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HomeMy WebLinkAbout2418 a _ . . • 4. To permit, commit or suffer no waste. impainaeat or deterioration of said property or any part thereof. S. To pwy sl[ and singu4r the costs, cturges sad expenses, including reasonable Lwyer's fees and cost of abstracts of tide, incurred or paid at any time by said Mortgagee because and/or in the event of the failure on the part of the said Mortgagor to duty, prompdy and fully perform, dischatgq execute. effect, complete, comply with and abide by each and every the atipu4tions, agreetnents, conditions and covenants of said promissory note, std this mortgage, nay or either. and. said costs, charaea sad expenses, each and every. shall be immediately due and payable, whether or not there be notice, do- tmtnd, attempt to collect os suit pendirtg; and the full amount of each and every such payment alual bear interest from the date thereof unW paid at the ttce of ten per ceatum per anauta; and all said costs, charges and expenses so incurred or paid, together with such iaterett, shag be secured by the Nett of this mortgage. 6. Tlut (s) in the event of any breach of this mortgage or default oa the part of the Mortgagor, or (b) in the event any of said auras of trwney herein referred to be not promptly and fully paid within tea days nezt after the same severally become due and payable, without demand or notice, or(t) to the event each and every the stipulation. agmmenta, coaditioaa and rnvenants of said promissory note and this mortgage, any or Nther,are not duty, promptly std fully performed, diacliarged, executed, effected. completed, complied with sad abided by, then, in either or any such event, the said aggregate sum mentioned in Laid promissory note they reautniag unpaid, with interest accrued, std all moneys secured hereby, shall become due and payable forthwith, or thereaftei, at the option ofsaid Mortgagee. ss fully and completely as if all of the said sums of money were originally stipulated to be paid oa such day, aaythins in said promissory note, and/or in this mortgage to the contrary aotwithstaading: and thereupon or thereafter at the option of said Mortgagee, without notice or demand, suit at laws or inequity, theretofore, or thereafter begun, may be prosecuted a: if ail moneys secured hereby had matured prior co its Institution. 7. That is the event that at the beginning of or at any time pending any suit upon this mortgage, Qr to foreclose it, or to reform it, and/or to enforce payment of any claims hereurder, said Mortgagee shall apply co the court having jurisdiction thereof for the appointment of a Receiver. such court shall forthwith appoint a Receiver of said mortgaged property all and dggular, including all and singular the rents, income, pmRts, issues and revenues from whatever source derived, each and every of which, it being expressly understood, is hereby mortgaged as if apeciRcally set forth and described in the granting and habendum chases hereof, and such Receiver shall have aU the broad and effective functions sad powers in anywise entrusted by a court to a Receiver, and such appointment shall be made by such court a as admitted equity and a matter of aluolute right to said Mortgagee, sad without reference to the adequacy or inadequacy of the value of the property mortgaged or to the solvency or inwhreocy of said Mortgagor and/or of the defendants, and that such rents, proRts, income, issues and revenues shall be app{led by such Receiver according co the Uen and/or equity of said Mortgagee and the practice of such coon 8. In the event the jurisdiction of the U.S. District Court shall be invoked by or against the Mortgagor under any of the provisions of the Federal Bankruptcy Act, such action, whether voluntary or involuntary on the pan of the Mortgagor, shall automaNcslly, svIthout notice, accelerate the mstwity of all sums of money herein described and secured and the same shall thereupon become due and payable forthwith as fully as if the said aggregate sums of money were originally stipulated to be paid on such date. 9. To deliver to said Mortgagee on or before March 1 S th of each yea, tax receipts evidencing the payment of all hwfuUy imposed taxes for the preceding calendar year, and to deliver to said Mortgagee, receipts evidencing the payment of all Dens for public improvements within ninety (90) days after the same shall bernme due and payable, and to pay or discharge within ninety (90) days after due date. nay and all governmental levies that maybe made on the mortgaged property. on this Mortgage or Note, or in a.ay other way resulting from the Mortgage indebtedness secured by this Mortgage; and if this condition be not complied with and performed, said Mortgagee may pay suchaum or sums which shall become part of the debt secured by this Mort- complied with a.rd performed, said Mortgagee may pay such sum or sums which shall become part of the debt secured by this Mort- gage and shall bear interest at the default rate provided in said Promissory Note payable monthly undl paid or said Mortgagee may elect that said Mortgage debt thereupon become due and payable forthwith. 10. If all or any part of the property or as interest therein is sold or transferred by Mortgagagor without Mortgagee a prior written consent, a:eluding (a) the creation of a lien or encumbttace subordinate to thin Mortgage. (b) the creation of a purchase money security interest for household appliances, (c) a aansfcr by devise or descent, or by operation of law upon the death of a joint tenant, or (d) the grant of any leasehold Interest of three years or less not coataiaiag an option to purchase, Mortga- gee may. at its option. declare all the sums secured by thi: Mortgage to be immediately due and payable, Mortgagee shall have waived such option to accelerate if, prior to the sale or transfer, Mortgagee and the person to whom the property is to 6e sold Oftraaaltriea[taCp Cai:inwrti ~ -~_-•~_ti..~.~..~~...1~r.•~~L.:~~.mf~vshL•nn agrCCm l[i1g LLli[ [OC L[C4[t V[ a4tu ~SCi$vu aa~aauw,va~ ?v n.v..~.~~.. _ _ _ the sums secured by thi: mortgage shall be at such rare as Mortgagee dull request. 11. That in the event the premises hereby mortgaged, or any part thereof, shall be condemned and taken for public use under the paver of eminent domain, the Mortgagee shall have the right to demand that all damages awarded for the taking of or damages to said premises shall be paid to the Mortgagee up to the amount then unpaid on this Mortgage and at the option of the Mortgagee may be applied upon the payments last payablt thereon l2. The Mortgagor binds himself not to erect or permit to be erected any new buildings on the premises herein mortgaged or to add to or permit to be added to any of the existing improvements thereon or make any changes or alterations in said ' improvements ~rhich materially change the same or the use thereof, without the written consent of the Mortgagee, and in the event of any violation orattempt to violate this stipulation, this Mortgage and all sums secured hereby shall immediately become due and collectible at the option of the Mortgagee. 13. It is specifically agreed that time is of the essence of this Mortgage and that no waiver of any obligation hereunder or of the obligation secured hereby shall at any time be held to be a waiver of the terms hereof or of the instrument secured hereby. 14. if foreclosureproctedingsofanysecondmortgageotsecondtrustdeedoranyjuniorlienofanylcindshouldbeinstituted the Mortgagee may, at its option, immedutely or thereafter declare this Mortgage and the indebtedness secured hereby due and payable forthwrith, and may at its option proceed to foreclose this mortgage. I S. To the extent of the indebtedness of the Mortgagor to the Mortgagee described herein or secured hereby the Mortgagee is hereby subroRated co the lien or liens sad to the rights of the owners and holders thereof of each and every mortgage lien or other encumbrance on the land descr~ebed herein which is paid and/or satisfied in whole or in part out of the proceeds of the loan des- cribed herein or secured hereby and the respective liens of said Mortgages, liens or other encumbrances shall be and the same and each ofthem hereby is preserved and shall pass to and be held by the Mortgagee herein as security for the indebtedness to the Mortgagee herein described or hereby secured, to the same extent that it would have been preserved and would have been passed to and been held by the Mortgagee had it been duly and regularly assigned, transferred, set over and delivered unto the Mortgagee by separate deed of assignment notwithstanding the fact that the same may be sacisRed and cancelled of record. is being the intention of the parties hereto that the same will be satisRed and cancelled of record by the holders thereof at or about the time of the recording of this Mortgage. ~€~'5 P~24~L2